Work Related Injuries

Suffering from work injuries? Don’t be afraid, the law is at hand, make a claim!

Every employer has the responsibility and obligation to provide and maintain a working environment that is safe and free of risks, as far as it is reasonably practicable. If you are an employee and are unfortunately injured at work, you can apply for a WorkCover work injury claim through Ascent Lawyers to protect your legal rights.

What to do if I suffer an injury at work?

It is always important to seek a medical opinion to see if there are any options to speed up your recovery. While you are seeking medical advice, make sure you obtain a workers’ compensation medical certificate should you require any time off work to seek treatment or to recover. WorkCover Queensland will reimburse you for lost wages if you are concerned about taking time off for this reason.

You also need to report the workplace incident to your employer and provide them with a copy of the medical certificate.

After you have done this, lodge your claim with WorkCover or your employer’s self-insurer. At this stage, you can have an obligation-free consultation with our experienced compensation lawyers.

We will provide you with a detailed explanation of the process of a WorkCover claim, the best way to approach your potential work injury claim, and explain what your options are going forward.

Who can make a workers' compensation claim?

The Workers’ Compensation Scheme covers:

  • Full time and part time employees
  • Permanent and casual employees
  • In some special circumstances, self-employers are also covered

When can I make a workers' compensation claim?

If you suffer from an injury, illness or disease as a result of or during work activities, you can claim workers’ compensation.

Am I entitled to make a workers' compensation claim if I am holding a temporary working visa?

Regardless of the visa type you are holding, you can lodge a workers’ compensation claim as long as you are working in Queensland as an employee.

If you do not hold a valid visa, you may still be entitled to claim but the case would be more complicated. You may contact our experienced compensation lawyers for an obligation free initial consultation.

What types of work-related injuries can I claim workers' compensation for?

You can make workers’ compensation claim for injury or illness sustained through work-related activities. A work injury can be physical or psychological.

Examples of common workplace injuries in Queensland include:

  • Spinal injuries
  • Back injury
  • Fractures
  • Burns
  • Falls
  • Crush injuries
  • Upper and lower limb injuries
  • Amputation
  • Stress

No matter what injuries you have sustained, you can always discuss your case with our compensation lawyers to discuss what’s possible.

Are there time limits to lodge a workers' compensation claim?

Strict time limit applies when it comes to lodging a workers’ compensation claim.

Ideally, you should lodge a workers’ compensation claim for injuries sustained at work through WorkCover or your employer’s self-insurer as soon as possible.

Generally, you have 6 months to lodge a WorkCover statutory claim.

If you missed the time limit, you may still make a claim, however you need to explain the reason for delay. Our compensation lawyers can assist and provide advice about what to do and how to do.

Will I be fired if I make a workers' compensation claim against my employer?

If you have a work-related injury or disease and can’t work in your usual job, your employer cannot use this as a reason to dismiss you within 12 months of the injury/illness. As set out in the Workers’ Compensation and Rehabilitation Act 2003, the maximum penalty is 40 units.

How do I know if my workplace has WorkCover insurance?

It is compulsory for all employers in Queensland to have workers’ compensation insurance.

When you make a workers’ compensation claim, it is not your employer who pays for the compensation but their insurance company. The insurance policy protects employers from for being directly liable for compensating their employees.

What if my workplace has no WorkCover insurance?

According to the Workers’ Compensation and Rehabilitation Act 2003, it is compulsory for all Queensland employers to insure themselves against workplace accidents by having a work accident insurance policy.

If your employer does not have an accident insurance policy or if their policy has lapsed, you can still make a claim through WorkCover, which stands in the place of the employer and will seek to recover the claim directly from the employer.

How much does it cost to make a workers' compensation claim?

We offer ‘No Win No Fee’ leaving you free from paying any upfront costs during the claim.

Our legal fees are only payable when the claim settled successfully.

How long will my workers' compensation claim take to settle?

Each claim is different. It is impossible to estimate how long it would take to resolve your claim.

Once our compensation lawyers know your particular situation, we can give you a better idea of the timeframes involved in your claim.

Is every worker eligible for the compensation? What if my employer is unwilling to apply for me?

According to Queensland law, it is compulsory for every employer to buy worker’s injury insurance. If they rejected your request, you can either apply it yourself or through your GP, without the employer’s permission.

Do I need to go to court for my workers' compensation claim?

Most personal injury claims, including workers’ compensation claims, are settled before going to court. But if you do end up in court, your workplace injury lawyer may be able to attend on your behalf.

Can I represent myself to make a workers' compensation claim?

You may represent yourself in making a compensation claim if you have thorough understanding of the laws and have a commitment to actively pursue the case to move it forward.

However, most people making workers’ compensation claims choose to engage an expert compensation lawyer. Our compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.

WorkCover offered me a lump sum compensation. What should I do?

You may be offered a lump sum compensation by WorkCover to finalise your WorkCover statutory claim. This compensation will be made to you even in circumstances where your employer is not at fault for your workplace accident. Normally, for this to occur, you need to make a request to Workcover Queensland so that they can arrange a specialist to assess the degree of impairment.

We strongly recommend you to not accept the offer before seeking legal advice from our legal experts. We can provide obligation-free initial consultation, evaluate your case and provide you advice on whether it is worthwhile to make a common law claim.

What is a common law claim and what benefits will I get from this claim?

There are two stages in a Workcover claim.

Stage 1: Statutory claim

Stage 2: Common law claim

In Queensland, Stage 2 will only kick in after Stage 1 is completed.

The length of the claim differs from case to case depending on the level of seriousness and recovery progress.

If it is proved that the employer is liable for the incident, we will arrange an independent medical exam with a specialist for you, and the specialist will assess your injuries and provide us a detailed report. The compensation from the second stage compensation is usually higher than that in stage one.

This compensation may include:

  • Economic loss
  • The loss you have experienced and may experience in the future including wages, superannuation contributions, overtime, and bonus. Potential promotional work may be taken into account as well.

  • Medical expenses
  • All past and future medical expenses including GP, physio, radiology, pharmaceutical, rehabilitation, and traveling expenses.

  • Pain and suffering
  • Based on your injuries.

  • Special care
  • Paid or unpaid special care expenses.

If you are confused by the legal procedures or wondering whether or not you should reject the Workcover statutory lump sum offer, contact Ascent Lawyers, we will assist you further.

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